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Post by Bad-Bitch on Jul 4, 2017 20:46:14 GMT
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Post by kris on Jul 4, 2017 20:51:44 GMT
Thanks for that very Interesting
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Post by Deleted on Jul 4, 2017 20:52:23 GMT
As well as Mrs T's removal, the Trust is seeking injunctions against him, forbidding him from using a boat on any of the waterways it manages.
This is a bit of a daft avenue to pursue after Tadworth and Andy Wingfield.
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Post by Deleted on Jul 4, 2017 20:56:54 GMT
Its quite an old story.
I believe that if the boater in question has a disability he may be entitled to reasonable adjustments under the equality act.
I may be going through this process myself soon. I don't expect its that straightforward but when I attended a waterways forum a while ago it was mentioned that there are quite a few boaters who have had this applied to them.
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Post by Deleted on Jul 5, 2017 15:21:33 GMT
I put it on my blog page at the time, along with a statement from the trust, which was a load of bollocks as usual. Quick, cover our ass! STATEMENT by CRT March 2017 STATEMENT: CANAL & RIVER TRUST v MATTHEW JONES The decision on Tuesday 7 March was not about the Canal & River Trust’s internal processes or procedures, or our interpretation of the British Waterways Act 1995. The learned judges also did not criticise the Trust in this or any other enforcement case. Instead, the decision concerned how arguments about the human rights of live-aboard boaters should be considered by the courts. We welcome the clarification provided by the Court, which should provide more certainty to boaters and the Trust in enforcement cases. We will continue to work with boaters to find ways of keeping them and their boats on the waterways wherever we reasonably can. |
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Post by Deleted on Jul 5, 2017 15:45:58 GMT
I put it on my blog page at the time, along with a statement from the trust, which was a load of bollocks as usual. Quick, cover our ass! STATEMENT by CRT March 2017 STATEMENT: CANAL & RIVER TRUST v MATTHEW JONES The decision on Tuesday 7 March was not about the Canal & River Trust’s internal processes or procedures, or our interpretation of the British Waterways Act 1995. The learned judges also did not criticise the Trust in this or any other enforcement case. Instead, the decision concerned how arguments about the human rights of live-aboard boaters should be considered by the courts. We welcome the clarification provided by the Court, which should provide more certainty to boaters and the Trust in enforcement cases. We will continue to work with boaters to find ways of keeping them and their boats on the waterways wherever we reasonably can. The point is that it should have been about their internal processes and procedures. |
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Post by NigelMoore on Jul 5, 2017 16:28:37 GMT
The article is slightly misleading - though I doubt it was intentionally so.
Amusing that CaRT "welcome" the decision, despite having spent a great deal fighting against such a ruling. Their main claim was that they should be treated the same way housing authorities are, i.e. that County Courts need not consider the HRA angle in eviction proceedings, because the authority should be presumed to have acted properly, making decisions on sound legal and managerial grounds.
The Appeal Court has rejected the idea that they should be exempt from scrutiny over the proportionality of their actions; previous decisions respecting housing authorities dealt with entirely different circumstances and responsibilities. It is an important result.
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Post by tadworth on Jul 6, 2017 15:25:59 GMT
As well as Mrs T's removal, the Trust is seeking injunctions against him, forbidding him from using a boat on any of the waterways it manages. This is a bit of a daft avenue to pursue after Tadworth and Andy Wingfield. I expect they mean the usual injunction which does indeed ban the defendant from all CaRT waters, but only until they obtain a new licence. |
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Post by Deleted on Jul 6, 2017 15:56:40 GMT
As well as Mrs T's removal, the Trust is seeking injunctions against him, forbidding him from using a boat on any of the waterways it manages. This is a bit of a daft avenue to pursue after Tadworth and Andy Wingfield. I expect they mean the usual injunction which does indeed ban the defendant from all CaRT waters, but only until they obtain a new licence. Ah right, a licence they are obliged by law to issue, it certainly has been educational having you, Nigel and Tony shedding light on the slippery way C&RT approach this sort of thing. |
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